New York regulations
Title 9 Part 586
Executive Department
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9 NYCRR 586.1 - Purpose of this Part
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Dates and status
- Compiling agency
- Executive Department
- Text status
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- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Jun 6, 2026
This Part implements the State Environmental Quality Review Act (SEQR) and establishes criteria for determining whether actions under consideration by the agency will have a significant effect on the environment.
9 NYCRR 586.2 - Definitions
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Dates and status
- Compiling agency
- Executive Department
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- Westlaw Reviewed Lexical Correction
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- Sep 15, 2021
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Jun 6, 2026
The definitions contained in section 8-0105 of SEQR and 6 NYCRR 617.2 apply to this Part. The definitions in section 570.3 of this Title also apply, except when in direct conflict with the definitions governing this Part.
9 NYCRR 586.3 - General rule
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Dates and status
- Compiling agency
- Executive Department
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- Sep 15, 2021
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Jun 6, 2026
The agency will not carry out, fund, approve or issue a final decision on any action until there has been full compliance with SEQR, this Part, and 6 NYCRR Part 617.
9 NYCRR 586.4 - Certain agency and local actions exempt
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Jun 6, 2026
An environmental impact statement is not required for review and action upon class A regional projects or class B regional projects by the agency or by local governments acting pursuant to an agency-approved local land use program.
9 NYCRR 586.5 - Lists of actions
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source-only entry
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
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- Source snapshot
- Jun 6, 2026
9 NYCRR 586.6 - Information required of applicants
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- Compiling agency
- Executive Department
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- Source receipt
- Compiled text through
- Sep 15, 2021
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Jun 6, 2026
(a)The agency may require an applicant to include as a part of any application or other required filing such reasonable information, including a completed environmental assessment form, as is necessary to assist it in:
(1)determining whether an action is exempt or excluded;
(2)determining whether an action may have a significant effect on the environment;
(3)determining whether other agencies, including Federal agencies, have jurisdiction over the action or any portion of it; or
(4)preparation of an environmental impact statement, if required, and if prepared by the agency.
(b)No application or submission pursuant to section 814 of the Adirondack Park Agency Act, or any other statute or regulation, shall be considered complete until such information is submitted.
9 NYCRR 586.7 - Threshold determination
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Dates and status
- Compiling agency
- Executive Department
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- Compiled text through
- Sep 15, 2021
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Source snapshot
- Jun 6, 2026
As early as possible in its formulation of an action it proposes to undertake, or upon receipt of any application, notice or filing which involves an action, the agency will determine whether the action:
(a)is subject to SEQR;
(b)is an exempt or type II action, in which case it shall have no further obligation under SEQR or 6 NYCRR Part 617;
(c)is an excluded action pursuant to ECL section 8-0111(5);
(d)involves a Federal agency, in which case it shall act pursuant to ECL section 8-0111(1) or (2) and 6 NYCRR section 617.15;
(e)involves one or more other agencies, in which case it shall act pursuant to ECL section 8-0111(6) and 6 NYCRR section 617.6 to establish a lead agency.
9 NYCRR 586.8 - Negative declarations
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
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- Source snapshot
- Jun 6, 2026
(a)If the agency determines that an action is a type I action or unlisted action subject to SEQR and will not have a significant effect upon the environment, it shall prepare, maintain and file a notice of determination that an EIS will not be prepared (“negative declaration”) and written analyses and findings supporting such determination in accordance with 6 NYCRR sections 617.7 and 617.12 and in the file referred to in subdivision (b) of this section.
(b)In order to afford the opportunity for public notice and response, the agency will keep a separate file, updated monthly, containing a brief description of determinations made pursuant to this section, and will incorporate reference to the negative declaration in other notices required by law in connection with the action.
9 NYCRR 586.9 - Positive declarations
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)If the agency determines that a type I or unlisted action is subject to SEQR and may have a significant effect on the environment, it shall prepare, maintain and file a notice of determination that an EIS will be prepared (“positive declaration”) and maintain written analyses and findings supporting such determination in accordance with 6 NYCRR sections 617.7 and 617.12 and in the file referred to in section 586.8(b) of this Part.
(b)In order to provide an opportunity for public notice and response, the agency will file positive declarations monthly in the file referred to in section 586.8(b) of this Part, and will incorporate reference to the positive declaration in other notices required by law in connection with the action.
9 NYCRR 586.10 - Form and contents of draft and final environmental impact statements
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
Environmental impact statements shall conform to the requirements of 6 NYCRR section 617.9 as to form and content.
9 NYCRR 586.11 - Notice of completion of draft environmental impact statement; filing of draft environmental impact statement
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jul 8, 2026
(a)Upon completion of a draft environmental impact statement, or upon acceptance of a draft environmental impact statement from an applicant pursuant to 6 NYCRR section 617.9, the agency shall prepare and file a notice of completion in accordance with 6 NYCRR section 617.12.
(b)In order to provide an opportunity for public response the agency shall, in addition to the filing required by 6 NYCRR section 617.12, file its notices of completion and draft environmental impact statements in the file referred to in section 586.8(b) of this Part and will incorporate reference to them in notices required by law in connection with the action.
9 NYCRR 586.12 - Public hearing
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
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- Source snapshot
- Jun 6, 2026
(a)Upon completion of the draft environmental impact statement, or upon acceptance of a draft environmental impact statement from an applicant pursuant to 6 NYCRR section 617.9, the agency shall determine whether to conduct a public hearing thereon, based upon:
(1)the degree of interest shown by other persons in the action;
(2)the extent to which a public hearing can aid its decision-making process by providing a forum for, or an efficient method for the collection of, public comment; and
(3)the criteria set forth in section 580.2 of this Title.
(b)Unless a different time period is provided by statute or regulation for the holding of a public hearing:
(1)the notice of hearing shall be published at least 14 calendar days in advance thereof, in a newspaper of general circulation in the area of potential impacts and effects of the action; and
(2)the hearing shall commence not less than 15 nor more than 60 calendar days after the filing of the draft environmental impact statement.
(c)If the public hearing is one for which the agency otherwise has authority to conduct, the public hearing shall be conducted according to the procedures governing such hearing. If the public hearing is not otherwise authorized, it may be conducted in the manner provided in Part 580 of this Title, or in such other manner as the agency shall direct.
9 NYCRR 586.13 - Final environmental impact statement
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)The final environmental impact statement shall be prepared within 45 calendar days after the close of any hearing, or within 60 calendar days after the filing of the draft environmental impact statement, whichever occurs last; the last date for preparation may be extended pursuant to 6 NYCRR section 617.9(a)(5)(ii).
(b)If the action has been withdrawn, or if, on the basis of the draft environmental impact statement or hearing, the agency determines that the action will not have a significant effect on the environment, it will not prepare a final environmental impact statement but will prepare and file its determination in accordance with 6 NYCRR section 617.9(a)(5)(ii).
(c)The filing of a notice of completion of a final environmental impact statement and the filing of the statement itself shall take place in the same manner as a draft environmental impact statement in accordance with 6 NYCRR section 617.12. Final environmental impact statements and notices of completion shall also be filed in the file referred to in section 586.8(b) of this Part.
(d)The notice of completion shall conform to 6 NYCRR section 617.12 in form and content.
9 NYCRR 586.14 - Approval or disapproval of action; required findings
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)Agencies and the public shall be afforded a reasonable time period, not less than 10 calendar days, in which to consider the final environmental impact statement. A decision on an action involving an applicant shall be made within 30 calendar days following the filing of a final Federal or SEQR environmental impact statement. The time period for decision may be extended for good cause.
(b)No final decision whether to commence, engage in, fund or approve an action that has been the subject of a final environmental impact statement shall be made until the specific written findings and statement required by 6 NYCRR section 617.11 are prepared and filed in accordance with 6 NYCRR section 617.12 and in the file referred to in section 586.8(b) of this Part.
9 NYCRR 586.15 - Applicability of regulations of the Commissioner of Environmental Conservation
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
The provisions of 6 NYCRR Part 617 shall govern any matters not specifically addressed in this Part, and except in cases of direct conflict shall apply in addition to the provisions of this Part.